4,992
edits
US Constitution study guide: Difference between revisions
→Amendment 10 [powers not delegated to the Federal gov reserved to the states & the people]
No edit summary |
|||
| Line 1,364: | Line 1,364: | ||
'''{{#tip-text:[Amendment 10 overview]|Tenth Amendment | '''{{#tip-text:[Amendment 10 overview]|Tenth Amendment | ||
* "retains" or holds/ reserves all powers not "delegated" (given) to the Federal government under the Constitution to the states and/or the people | * "retains" or holds/ reserves all powers not "delegated" (given) to the Federal government under the Constitution to the states and/or the people | ||
limits and problems: | |||
* as the Courts have expanded the delegated and implied powers of Congress, the 10th amendment has been inherently weakened | |||
* the 10th Amendment is rarely used to invalidate a federal law | |||
* however, when the Courts do limit federal powers, the 10th amendment offers powerful context | |||
** such as in US v. Lopez (1995) which struck down a federal law that limited 2nd amendment rights | |||
** the Court ruled that the law at question extended beyond a "national" interest and encroached upon a "local" interest | |||
*** the law barred gun possession within a certain distance from a school, and the Congress justified the law based on the Commerce Clause, which the Court rescinded | |||
* }}''' | * }}''' | ||
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States| | The powers '''{{#tip-text:not delegated|not delegated | ||
* | * i.e., powers that are not provided/extended to the federal (central) government by the Constitution}}''' to the United States by the Constitution, '''{{#tip-text:nor prohibited by it to the States|"prohibited by it to the states" | ||
* }}''', are reserved to the States respectively, or to the people. | * the states retain all powers except those "expressly" or directly provided to the federal government in the Constitution | ||
* except for those powers which are explicitly "prohibited" from the states in the Constitution (such as in Article VI)* }}''', are reserved to the States respectively, or to the people. | |||
== Amendments XI-XVII == | == Amendments XI-XVII == | ||